Section 1611 — Corporations Act 2001: Validity of appointment under section 548 of the old Act not affected by lack of separate meeting of contributories

(1) The appointment of a committee of inspection under section 548 of the old Act before the commencement day is not invalid merely because a separate meeting of contributories was not convened for the purposes of determining: (a) whether a committee of inspection should be appointed; and (b) where a committee of inspection is to be appointed: (i) the numbers of members to represent the creditors and the contributories, respectively; and (ii) the persons who are to be members of the committee representing creditors and contributories, respectively. (2) However, if: (a) a debt or claim has been paid in the winding up of a company before the commencement day; and (b) the priority given to the debt or claim was determined under section 556 of the Corporations Act 2001 on the basis that a committee of inspection was not validly appointed because a separate meeting of contributories was not convened for the purposes mentioned in paragraphs (1)(a) and (b); and (c) but for subsection (1), the committee of inspection would not have been validly appointed; the priority of the payment is not affected by subsection (1).